Loading...
HomeMy WebLinkAbout20230721_Application Martin Phillip N.Pressley,PE Marietta Sr.Environmental Engineer July 21, 2023 Mr. David Miller, State Mining Specialist Land Quality Section NC DEQ Division of Energy, Mineral, and Land Resources 1612 Mail Service Center Raleigh, NC 27699 SUBJECT: Martin Marietta Materials, Inc.—Castle Hayne Quarry Mining Permit No. 65-01 Request for Mining Permit Modification Dear Mr. Miller: Enclosed please find Martin Marietta's application to modify Mining Permit Number 65-01 for the Castle Hayne Quarry located in New Hanover County, North Carolina. The application will add 724 acres to the Permit boundary. The proposed modification increases the excavation by 43 acres, updates other categories in the included acreage table based on new mapping, and adds a new silviculture buffer. I also have enclosed a Jurisdictional Determination (JD)from the U.S. Army Corps of Engineers. All waters of the U.S., including wetlands, shown on the JD are shown on the mine map. The JD confirms there are no federal jurisdictional waters located in the 43-acre excavation area. Nor are there any state-regulated waters (i.e., isolated wetlands) located in the excavation area due to Senate Bill 582 (North Carolina Farm Act of 2023). No mining activity is proposed within regulated floodplains. Enclosed for your review are: • One (1) complete original mine permit application package with maps • Five (5) copies of the application package • A check for the$1000 permit modification fee If you have any questions please contact me at (919) 783-4505 or via email at phillip.pressley@martinmarietta.com. Sincerely, Phillip N. Pressley, PE Sr. Environmental Engineer Enclosures NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 NOTE; It is recommended that you contact the appropriate Regional Office or the Raleigh Central Office for a PRE- APPLICATION MEETING to discuss your intentions and address any questions. 1. Name of Mine Castle Hayne Quarry County New Hanover River Basin Cape Fear Latitude(decimal degrees to four places) 34.3746 N Longitude(decimal degrees to four places) 77.8333 W 2. Name of Applicant Martin Marietta Materials, Inc. Applicant Contact Phillip Pressley Consultant Contact Applicant Email phillip.pressley@martinmarietta.com Consultant Email Telephone (919) 783-4505 Telephone Cell Phone Cell Phone 3 Permanent Address for Receipt of Official Mail** P.O. Box 30013 Raleigh, NC 27622 4. Mine Office Address 5635 Holly Shelter Road Castle Hayne, NC 28429 5. Mine Manager Brandon Decker Mine Manager Email brandon.decker@martinmarietta.com Telephone (910) 210-6028 Cell Phone I certify that all details contained in this permit application are true and correct to the best of our knowledge.We fully understand that any willful misrepresentation of facts will be cause for permit revocation. Signature*** 4Date 7/1 3i2C23 Print Name Ronald M. Kopplin Title President, East Division *This will be the name that the mining permit will be issued to and the name that must be indicated on the reclamation bond(security)that corresponds to this site. **The Division of Energy,Mineral,and Land Resources must be notified of any changes in the permanent address or telephone number. ***Signature of company officer required. G.S.74-51 provides that the Department shall grant or deny an application for a permit within 60 days of receipt of a complete application or, if a public hearing is held,within 30 days following the hearing and the filing of any supplemental information required by the Department.All questions must be addressed,and all required maps provided before this application can be considered complete.Attach additional sheets as needed. Revised September 21, 2021 P a g e 1 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 NOTE:All the following questions must be thoroughly answered regarding your mining operation for the intended life of the mine.All responses must be clearly conveyed on a corresponding, detailed mine map. A.GENERAL CHARACTERISTICS OF THE MINE 1. Answer all the following that apply: This is an application for a NEW permit. Indicate the total acreage at the site to be covered by the permit (This is the acreage the new permit fee will be based upon.) Of this acreage,how much is owned and how much is leased? Acres owned: Acres leased: Property owner if leased: This is an application for a MODIFICATION to a mining permit. Mining Permit Number: 65-01 Total permitted acreage: 1575 Does the modification involve acreage within the previously approved permitted boundary? YES F-1NO If yes, indicate the acreage to be covered by this modification '26 Does the modification involve acreage outside the previously approved permitted boundary? YES F ]NO If yes, indicate the additional acreage to be covered by this modification 724 NOTE:You must complete all of Section F of this application form entitled Notification of Adjoining Landowners Of the acreage to be added to the permit,will any portion be affected(i.e.:disturbed,ground cover removed)by the mining operation? YES NO If yes, indicate the acreage to be affected within the acreage to be added to the permit 45 The modification fee is based upon the proposed new affected acreage within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 1-1 This is an application for TRANSFER of a mining permit. Mining Permit Number: Total permitted acreage: Revised September 21, 2021 P a g e 12 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 MINING FEE SCHEDULE A nonrefundable permit application processing fee when filing for a new mining permit,permit modification,or transferred permit is required as follows: APPLICATION TYPE 0—25 ACRES 26+ACRES New Permit Applications $3,750.00 $5,000.00 Permit Modifications $750.00 $1,000.00 Permit Transfers $100.00 $100.00 Annual Operating Fee $400.00 $400.00 Acres for new permits means the total acreage at the site to be covered by the permit.Acres for modification of permits means the new affected acres within the previously approved permitted boundary plus the proposed total acreage to be added outside the previously approved permitted boundary. 2. Name of all materials mined: Marine Limestone 3. Mining Method: Hydraulic Dredge ❑— Front-end Loader&Truck Shovel&Truck Dragline&Truck Self-loading Scraper Excavator&Truck Other(please explain): 4. Expected maximum depth of mine(feet) 80 Depth is relative to what benchmark?(e.g.,natural ground level,mean seal level, road elevation,etc.) natural ground level Expected average depth of mine(feet) 40 5. Has any area at this site been mined in the past? YESIAI NO If yes,when and by whom was this activity conducted? Martin Marietta Materials, Inc.; Presently 6. Estimated life of the operation(years): 10 NOTE:The Department may request clarification on how life of mine was calculated. Revised September 21, 2021 P a g F 3 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 B.MAPS 1. Clearly mark and label the location of your mining operation on six(6)copies of a 7.5-minute quadrangle and a county highway map.These maps, in addition to six(6)copies of all mine maps and reclamation maps,must be submitted with each permit application. 7.5-minute quadrangles may be obtained from the N.C. Geological Survey: Mailing Address Physical Address 1612 Mail Service Center 512 N.Salisbury St.,5th Floor Raleigh,NC 27699-1612 Raleigh, NC 27604 Http://Portal.ncdenr.org/web/Ir/geological home (919)733-2423 County highway maps may be obtained from the N.C.Department of Transportation: Mailing Address Physical Address NCDOT GIS Unit NCDOT GIS Unit 1587 Mail Service Center 3401 Carl Sandburg Court Raleigh, NC 27699-1587 Raleigh,NC 27610 http://www.ncdot.rg/iVgis (919)212-6000 2. A table/chart must be provided on the mine map that clearly lists the approximate acreage of tailings/sediment ponds, stockpiles,waste piles,processing areas/haul roads, mine excavations and any other major aspect of the mining operation that is proposed to be affected/disturbed during the life of the mining permit.A table/chart similar to the following will be acceptable: AFFECTED ACREAGE TABLE: For new permits,complete only the total affected acreage column. For modifications,complete all columns. CATEGORY CURRENT AFFECTED PROPOSED CHANGE TO TOTAL AFFECTED ACREAGE AFFECTED ACREAGE ACREAGE Tailings/Sediment Ponds 45.5 9 54 Stockpiles 83.9 6 90 Waste piles 0 0 0 Processing Areas/Haul Roads 110.7 -5 106 Mine Excavations 671.4 43 714 Other(Please explain) 0 33 33 Total Affected Acreage 911.4 86 997 Total Permitted Acreage 1575 724 2299 Revised September 21, 2021 P a g e 14 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 3. Mine maps must be accurate and appropriately scaled drawings,aerial photographs,or enlarged topographic maps of the entire mine site.All aspects of the mine site must be clearly labeled on the maps along with their corresponding(approximate)acreage.Thus,all mine and reclamation maps must denote those activities that are intended to be conducted during the life of the mining permit.All maps must be of a scale sufficient to clearly illustrate the following, at a minimum: a) Property lines of the tract or tracts of land on which the proposed mining activity is to be located including easements and rights-of-way. b) Existing or proposed permit boundaries with geographic controls(e.g.metes and bounds,coordinates)labeled c) Initial and ultimate limits of clearing and grading d) Outline and width of all buffer zones(both undisturbed and unexcavated) e) Outline and acreage of all pits/excavations f) Outline and acreage of all stockpile areas g) Outline and acreage of all temporary and/or permanent overburden disposal areas h) Location and acreage of all processing plants(may be described as to location and distance from mine if sufficiently far removed) i) Locations and names of all streams, rivers,and lakes j) Outline and acreage of all settling and/or processing wastewater ponds k) Outline and acreage of all planned and existing access roads and on-site haul roads 1) Location of planned and existing on-site buildings m) Location and dimensions of all proposed sediment and erosion control measures n) Location of 100-year floodplain limits and wetland boundaries o) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract, names of owners of record of tracts adjoining these tracts that are within 1,000 feet of the mining permit boundary must be provided on the mine map. p) Names of owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse, railroad track,or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,names of owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary, must be provided on the mine map(s). NOTE:"Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. q) Map legend 1) Applicant name 5) Scale 2) Mine name 6) Symbols used and corresponding names 3) North arrow 7) Date prepared and revised 4) County 8) Name and title of person preparing map Map scales should meet the following guidelines: PERMITTED ACREAGE MAP SCALE 0—49 acres 1"=50' 50—199 acres 1"= 100' 200+acres 1"=200' NOTE: Smaller scaled maps may be acceptable if they clearly illustrate the above items. NOTE: In addition to the above,the maps must also include any site-specific information that is provided in the answers to the following questions(italicized questions/statements)in this application form.This application will not be considered complete without all relevant items being adequately addressed on the mine maps. Revised September 21, 2021 15 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 C.PROTECTION OF NATURAL RESOURCES 1. Describe in detail the sequence of events for the development and operation of the mine and reference the sequence to the mine map(s).Attach additional sheets as needed. Pit development is typical for a mature limestone quarry. Rock adjacent to the pit is exposed via stripping of soil. The disturbed area is graded to drain to the pit or other approved erosion control measures. The sequence of the existing pit, stripped areas, and future pit is included on the enclosed mine map. 2. Describe specific erosion control measures to be installed prior to land disturbing activities and during mining to prevent offsite sedimentation (include specific plans for sediment and erosion control for mine excavation(s), waste piles, access/mine roads, and process areas),and give a detailed sequence of installation and schedule for maintenance of the measures. Locate and label all sediment and erosion control measures on the mine map(s)and provide typical cross-sections/construction details of each measure.Engineering designs and calculations are required to justify the adequacy of any proposed measures. Erosion control measures are shown on the attached mine map. Each of these measures is designed to meet the criteria in the Division's Erosion and Sediment Control Planning and Design Manual. Details for existing structures have been previously submitted and approved. New erosion control measures included as part of this modification are described and detailed in the supporting documentation. 3. A)Will the operation involve washing the material mined, recycling process water,or other wastewater handling? YES F ]NO If yes,briefly describe all such processes including any chemicals to be used. The mine discharges comingled stormwater and groundwater from the pit. The stormwater includes precipitation that fell directly into the pit as well as runoff that drained into the pit. Both the stormwater and groundwater accumulate in a sump in the bottom of the pit,which is pumped out as needed. The pump discharges into a clarification pond prior to leaving the site. NC NPDES General Permit No.NCG020000 allows the use of chemical flocculants from a list of polymers approved by the Division of Water Resources. One of these flocculants may be used periodically to maintain water quality. All process water from washing of material is handled through a closed-loop recycle system of settling ponds B)Will the operation involve discharging fresh or wastewater from the mine or plant as a point discharge to the waters of the State? YES —]NO If yes, briefly describe the nature of the discharge and locate all proposed discharge points(along with their method of stabilization)on the mine map(s). The site is permitted to discharge pit water, process water, and stormwater by NC NPDES General Permit No. NCG020000 Certificate of Coverage No. NCG020010. Mine dewatering wastewater is discharged to the Northeast Cape Fear River. Stormwater may be discharged from sediment basins shown on the mine map. Revised September 21, 2021 16 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 C)Will any part of the proposed mine excavation(s)extend below the water table? FIYES NO If yes,do you intend to dewater the excavation(s)? YES NO Estimated withdrawal rate in gallons per day: 4.78 MGD If yes,what impact, if any,will mine dewatering have on neighboring wells?Locate all existing wells on the mine map(s)that lie within 500 feet of the proposed excavation area. Provide data to support any conclusions or statement made, including any monitoring well data,well construction data, and current water withdrawal rates. Indicate whether the proposed mine locale is served by a public water system or private wells. This site has not historically adversely affected offsite wells.All known well locations within 500 feet of the proposed excavation are depicted on the site plan. The site is served by several wells,while the locale is served by private wells and public water systems. The pit sump accumulates stormwater runoff,precipitation,and groundwater seepage. The amount of groundwater in the pit discharge is unknown. Most of the discharge is comprised of stormwater. The pit discharge is covered by NC NPDES General Permit No.NCG020000 Certificate of Coverage No.NCG020010. The estimated withdrawal rate is the rate calculated as part of the annual withdrawal rate submitted to the Division of Water Resources. D) If you answered yes to any of the above questions, provide evidence that you have applied for or obtained the appropriate water quality permit(s)(i.e.,non-discharge, NPDES, Stormwater,etc.)from the Stormwater Program. In addition,the applicant is required to register water use with the Division of Water Resources,Ground Water Management Branch, if the operation withdraws more than 10,000 gallons per day and needs a capacity use permit from the Division of Water Resources, Ground Water Management Branch, if the operation lies in a capacity use area and withdraws more than 100,000 gallons per day. The site is permitted to discharge stormwater, process water, and pit water by NC NPDES General Permit No. NCG020000 Certificate of Coverage No. NCG020010 and and registered with the Division of Water Resource's Water Withdrawal Registration Program. 4. A)Will the operation involve crushing or any other air contaminant emissions? FIYES NO If yes,indicate evidence that you have applied for or obtained an air quality permit issued by the Division of Air Quality or local governing body. The site is permitted to operate by Air Permit No. 05078R15 issued by the NC Division of Air Quality. B)How will dust from stockpiles, haul roads,etc.,be controlled? Wet suppression is used to control plant emissions. Haul roads and stockpiles are controlled by the use of a water truck equipped with powered rear spray and front mounted water cannon. Revised September 21, 2021 P a g e 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 5. A)A buffer will be required between any mining activity and any mining permit boundary or right-of-way. It may be an unexcavated buffer(no excavation,but roadways, berms, and erosion&sedimentation control measures may be installed within it), an undisturbed buffer(no disturbance within the buffer whatsoever),or a combination of the two, depending upon the site conditions. Note that all buffers must be located within the mining permit boundaries. How wide a buffer will be maintained between any mining activity and any mining permit boundary or right-of-way at this site?A minimum buffer of 25 feet is recommended,although a wider buffer may be needed depending on site conditions. Show all buffer locations and widths on the mine map(s). Buffer locations and widths are shown on the included mine map. A buffer of at least 25 feet extends around the perimeter of the permitted area. Buffer widths greater than 25 feet are shown on the enclosed mine map. B)A minimum 50 foot wide undisturbed buffer will be required between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands unless smaller undisturbed buffers can be justified. Depending on site conditions,a buffer wider than 50 feet may be needed. How wide an undisturbed buffer will be maintained between any land disturbing activities within the mining permit boundaries and any natural watercourses and wetlands at this site?Show all buffer locations and widths on the mine map(s). A buffer of 50 feet width will be maintained between all natural watercourses and wetlands and any land disturbing activities, as shown on the mine map. 6. A)Describe methods to prevent landslide or slope instability adjacent to adjoining permit boundaries during mining. Minimum 2 horizontal to 1 vertical slopes or flatter for clayey material and minimum 3 horizontal to 1 vertical slopes or flatter for sandy material are generally required unless technical justification can be provided to allow steeper slopes. As shown on the mine map, the mine excavation will not extend close enough to the property boundaries to create a landslide boundary. B)Provide a cross-section on the mine map(s)for all fill slopes(berms, waste piles, overburden disposal areas,etc.), clearly indicating the intended side slope gradient, installation of any benches and/or slope drains(with supporting design information)if needed, and the method of final stabilization. Revised September 21, 2021 P a g e 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 C) In excavation(s)of unconsolidated(non-rock)materials,specify the angle of all cut slopes including specifications for benching and sloping. Cross-sections for all cut slopes must be provided on the mine map(s). Final excavation slopes of unconsolidated materials will be 2:1. Where the height of a cut face warrants, a bench will be cut to slope toward the face of cut and drain to the pit excavation. Cross-sections are shown on the detail sheet. D)In hardrock excavations,specify proposed bench widths and heights in feet.Provide cross-sections of the mine excavation clearly noting the angles of the cut slopes, widths of all safety benches and mine benches,and the expected maximum depth of the excavation. Final excavation slopes of unconsolidated materials will be 2:1. Where the height of a cut face warrants, a bench will be cut to slope toward the face of cut and drain to the pit excavation. Cross-sections are shown on the detail sheet. 7. Describe other methods to be taken during mining to prevent physical hazard to any neighboring dwelling,house, public road,or public,commercial or industrial building from any mine excavation. Locate all such structures on the mine map if they are within 300 feet of any proposed excavation. The mine excavation will not extend close enough to the property boundaries to cause any physical damage to offsite buildings or roads. Quarry blasting is designed to prevent excessive vibrations. Seismograph readings are recorded during each blasting shot. The shots are typically scheduled near mid-and will appear similar to distant thunder lasting under a second from adjacent properties. Blasting typically occurs between one and three times a week. Structures within 300 feet are shown on the mine map. 8. Describe what kind of barricade will be used to prevent inadvertent public access along any high wall area and when it will be implemented.Vegetated earthen berms,appropriate fencing and adequate boulder barriers may be acceptable high wall barricades.A construction detail/cross-section and location of each type of barricade to be used must be indicated on the mine map(s). A boulder barrier or earthen berm will be used around the perimeter of high wall areas. Barriers will be installed upon the completion of stripping activities. 9. Are acid producing minerals or soils present? YES �NO If yes,how will acid water pollution from the excavation,stockpiles,and waste areas be controlled? Revised September 21, 2021 P a g e 19 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 10. A)Describe specific plans(including a schedule of implementation)for screening the operation from public view such as maintaining or planting trees,bushes or other vegetation, building berms or other measures. Show the location of all visual screening on the mine map(s)and provide cross-sections through all proposed berms or proposed spacing, sizes and species for tree plantings. Existing trees, terrain and berms effectively screen the mining operation from nearby roads and homes. B)Could the operation have a significantly adverse effect on the purposes of a publicly owned park,forest,or recreation area?If so,how will such effects(i.e.,noise,visibility,etc.)be mitigated? There are no publicly owned parks, forest or recreation areas adjacent to the quarry. 11. Will explosives be used? ❑I YES ❑NO If yes,specify the types of explosive(s)and describe what precaution(s)will be used to prevent physical hazard to persons or neighboring property from flying rocks or excessive air blasts or ground vibrations. Depending on the mine's location to nearby structures,more detailed technical information may be required on the blasting program(such as a third-party blasting study).Locate the nearest offsite occupied structure(s)to the proposed excavation(s)on the mine map and indicate its approximate distance to the proposed excavation. Explosives will be utilized for rock extraction. The principal explosive material is ammonium nitrate,which is also commonly used as a fertilizer. Blasting is conducted by a contractor. No explosives are stored onsite. A shot pattern is used that minimizes air and ground vibrations and optimizes rock breakage. Energy released via an excess air blast or ground vibrations is wasted energy. The intent is to make each blast as efficient as possible by reducing wasted energy. Blasting is expected to occur between one and three times per week and will be appear similar to distant thunder lasting less than a second. Permanent records are maintained for each blasting event that include shot pattern,explosives loading,delays,time,and weather. 12. Will fuel tanks,solvents,or other chemical reagents be stored on-site? FIYES FINO If yes, describe these materials,how they will be stored and method of containment in case of spill. Indicate the location(s)of all storage facilities on the mine map(s). Diesel fuel, bulk oil, used oil, and gasoline are stored in containers typical of industrial operation that often include drums and steel tanks. Petroleum products are stored in accordance with spill prevention, control, and countermeasure (SPCC) regulations. An SPCC plan is maintained for the site. Solvents are handled by a third-party contractor (e.g., Noble Oil). Revised September 21, 2021 Page 110 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 D. RECLAMATION PLAN 1. Describe your intended plan for the final reclamation and subsequent use of all affected lands and indicate the sequence and general methods to be used in reclaiming this land.This must include the method of reclamation of settling ponds and/or sediment control basins and the method of restoration or establishment of any permanent drainage channels to a condition minimizing erosion,siltation and other pollution. This information must be illustrated on a reclamation map and must correspond directly with the information provided on the mine map(s). In addition, design information,including typical cross-sections,of any permanent channels to be constructed as part of the reclamation plan and the location(s)of all permanent channels must be indicated on the reclamation map. Disturbed areas will be vegetated in accordance with the enclosed seeding schedule. The excavation itself will be allowed to fill with groundwater and may potentially be used for water storage, recreation, or a wildlife sanctuary. 2. Is an excavated or impounded body of water to be left as part of the reclamation? YES F ]NO If yes,illustrate the location of the body(s)of water on the reclamation map and provide a scaled cross-section(s) through the proposed body(s)of water.The minimum water depth must be at least 4 feet,measured from the normal low water table elevation, unless information is provided to indicate that a shallower water body will be productive and beneficial at this site. Will the body(s)of water be stocked with fish? YES FX If yes,specify species. 3. Describe provisions for safety to persons and to adjoining property in all completed excavations in rock including what kind of permanent barricade will be left.Acceptable permanent barricades are appropriate fencing,large boulders placed end-to-end,etc. Construction details and locations of all permanent barricades must be shown on the reclamation map. A perimeter fence will be placed around all areas where slopes to the waters edge are unable to be safely traversed. Revised September 21, 2021 Page 111 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 4. Indicate the method(s)of reclamation of overburden, refuse,spoil banks or other such on-site mine waste areas, including specifications for benching and sloping. Final cross-sections and locations for such areas must be provided on the reclamation map. Overburden will be backfilled into previously mined areas. Overburden piles, refuse, spoil banks, and other mine waste areas existing at final reclamation will be graded and compacted to slopes no steeper than 2:1 and vegetated in accordance with the enclosed seeding schedule. The areas will be graded to prevent pooling, stagnation of water, and manage stormwater runoff. Existing overburden pile that are adequately stabilized and vegetated will remain without additional disturbance. 5. A)Describe reclamation of processing facilities,stockpile areas, and on-site roadways. The processing plant and stockpiles will be removed from the site. The plant and stockpile areas will be graded, scarified, and revegetated in accordance with the attached seeding schedule. Stabilized onsite roadways will be left to vegetate naturally. All other roadways will be graded, scarified, and vegetated. Erosion control measures necessary for final reclamation will be properly maintained. B)Will any on-site roadways be left as part of the reclamation? YES FX If yes, identify such roadways on the reclamation map and provide details on permanent road and ditch line stabilization. 6. Describe the method of control of contaminants and disposal of scrap metal,junk machinery,cables,or other such waste products of mining. (Note definition of refuse in The Mining Act of 1971.) No off-site generated waste shall be disposed of on the mine site without prior written approval from the NC Department of Environmental Quality,Division of Energy,Mineral,and Land Resources and either the Division of Waste Management(DWM)or local governing body.If a disposal permit has been issued by DWM for the site,a copy of said permit must be attached to this application.All temporary and permanent refuse disposal areas must be clearly delineated on the mine map(s)and reclamation map, along with a list of items to be disposed in said areas. Onsite equipment will be placed in a designated area for eventual disposal off-site by private disposal firms. Items such as drill steel, conveyor belting, screen cloth, and cable will be disposed of in accordance with local, state, and federal regulations. Revised September 21, 2021 Page 112 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 7. Describe your plan for revegetation or other surface treatment of the affected areas.This plan must include recommendations for year-round seeding, including the time of seeding and the amount and type of seed,fertilizer, lime and mulch per acre.The recommendations must include general seeding instructions for both permanent and temporary revegetation. Revegetation utilizing only tree plantings is not acceptable. Recommendations can be sought from: a. Authorized representatives of the local Soil and Water Conservation District; b. Authorized representatives of the NC Forest Service, Department of Agriculture and Consumer Services; c. Authorized county representatives of the North Carolina Cooperative Extension Service,specialists and research faculty with the Colleges of Agriculture and Life Sciences and Forest Resources at North Carolina State University; d. North Carolina licensed landscape architects; e. Private consulting foresters referred by the NC Forest Service, Department of Agriculture and Consumer Services; f. N.C. Erosion and Sedimentation Control Planning and Design Manual; g. N.C. Surface Mining Manual:A Guide for Permitting, Operation and Reclamation; h. Others as may be approved by the Department. Lime Rate of Application(tons/acre): Please See Detail Sheet Fertilizer Analysis and Rate of Application(Ibs/acre): Seed type(s)and rate(s)of application included year-round seeding schedule(Ibs/acre): NOTE:Include legumes SEED TYPES SEEDING DATES SEEDING RATES Mulch Type,Rate of Application(Ibs/acre),and Method of Anchoring: Other Vegetative Cover(s)Type(s)and Rate(s)of Application Including Seeding Schedule(Ibs/acre,trees/ acre,spacing of trees/shrubs,etc.): Revege and/or reforesta�t7 roved by: Signature — Date Print Name Phillip ressley, PE Title Senior Environmental Engineer Agency Martin Marietta Materials, Inc. Revised September 21, 2021 Page 113 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 E.DETERMINATION OF AFFECTED ACREAGE AND BOND The following bond calculation worksheet is to be used to establish an appropriate bond(based upon a range of$500 to$5,000 per affected acre)for each permitted mine site based upon the acreage approved by the Department to be affected during the life of the mining permit. Please insert the approximate acreage, for each aspect of the mining operation,that you intend to affect during the life of this mining permit(in addition,please insert the appropriate reclamation cost/acre for each category from the Schedule of Reclamation Costs provided with this application form) OR you can defer to the Department to calculate your bond for you based upon your maps and standard reclamation costs: CATEGORY AFFECTED RECLAMATION RECLAMATION ACREAGE COST/ACRE COST Tailings/Sediment Ponds Ac. X $ /Ac. = $ 0.00 Stockpiles Ac. X $ /Ac. = $ 0.00 Waste Piles Ac. X $ /Ac. = $ 0.00 Processing Area/Haul Roads Ac. X $ /Ac. = $ 0.00 Mine Excavation Ac. X $ /Ac. = $ 0.00 Other Ac. X $ /Ac. = $ 0.00 TOTAL AFFECTED AC.: 0.00 Ac. TOTAL PERMITTED AC.: Ac. Temporary&Permanent Sedimentation&Erosion Control Measures: Divide the TOTAL AFFECTED AC. above into the following two categories: a)affected acres that drain into proposed/existing excavation and/or b)affected acres that will be graded for positive drainage where measures will be needed to prevent offsite sedimentation and sedimentation to onsite watercourses and wetlands. a) Internal Drainage Ac. b) Positive Drainage Ac. X $1,500.00 = $ 0.00 SUBTOTAL COST:$ 0.00 Inflation Factor: SUBTOTAL COST LIFE OF MINING OPERATION OR LIFE INFLATION COST OF LEASE(YEARS) 0.02 X $ 0.00 X = $ 0.00 Total Reclamation Bond Cost: TOTAL RECLAMATION BOND COST= SUBTOTAL+INFLATION = $ Round down to the nearest$100.00 NOTE:The reclamation bond cannot exceed$1 million per GS 74-54 Revised September 21, 2021 Page 114 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 SCHEDULE OF RECLAMATION COSTS Based upon range of$500-$5,000 per affected acre COMMODITY CODES: SG Sand and/or Gravel DS Dimension Stone PF Pyrophyllite CL Clay/Shale GS Gemstone FS Feldspar OL Olivine PE Peat Borrow Borrow/fill dirt MI Mica KY Kyanite/Sillimanite/Andalusite AU Gold CS Crushed Stone LI Lithium PH Phosphate TI Titanium OT Other TYPE T/S PONDS STOCKPILES WASTE PILES P.AREA/H.R. MINE EXCAVATION $500/ac. (L) $5001ac. (L) SG, GS, Borrow $18001ac. $20001ac. $18001ac. 1500(FI) 2000(PD) CS, DS, FS, MI, LI, 500(L) 500(L) PF, OL, KY 1800 2000 2000 1500(FI) 2500(PD) PH 1000(L) 2500 5000 5000 2000(L) 2500(FI) 5000(PD) 1000(L) 2000(L) CL 2500 5000 5000 2500(FI) 3700(PD) PE,AU,TI, OT 1000(L) 2500 3000 3500 2000(L) 2500(FI) 5000(PD) (L)=Reclamation to a lake and revegetating side slopes (FI)=Reclamation by filling in and revegetating (PD)=Reclamation by grading for positive drainage&revegetating AS PER NCAC 15A 5B.0003,IF YOU DISAGREE WITH THE BOND AMOUNT DETERMINED BY THE BOND CALCULATION WORKSHEET,YOU MAY SUBMIT AN ESTIMATE OF RECLAMATION COSTS FROM A THIRD-PARTY CONTRACTOR. SAID ESTIMATE MUST BE PROVIDED WITHIN 30 DAYS TO THE FOLLOWING ADDRESS: Mining Program, 1612 Mail Service Center, Raleigh,North Carolina 27699.1612 ALL ESTIMATES MUST INCLUDE THE FOLLOWING,AS A MINIMUM: •FINAL GRADING COSTS PER ACRE •LIME AND FERTILIZER COSTS PER ACRE •YEAR-ROUND SEEDING MIXTURE COSTS PER ACRE(FROM APPROVED REVEGETATION PLAN IN APPLICATION/PERMIT DOCUMENT) •MULCH AND ANCHORING COSTS PER ACRE •ANY OTHER RECLAMATION COSTS NECESSARY TO COMPLY WITH THE APPROVED RECLAMATION PLAN FOR THE SITE IN QUESTION YOU WILL BE NOTIFIED AS SOON AS POSSIBLE OF THE DIRECTOR'S FINAL BOND DETERMINATION. Revised September 21, 2021 P a g e 115 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 F.NOTIFICATION OF ADJOINING LANDOWNERS The"Notice"form,or a facsimile thereof, attached to this application must be sent certified or registered mail,return receipt requested,to: (1)the chief administrative officer of each county and municipality in which any part of the permitted area is located as indicated on the mine map(s); (2)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary; if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s); and (3)all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary which lie directly across and are contiguous to any highway,creek,stream,river,or other watercourse,railroad track, or utility or other public right-of-way. If an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary)as indicated on the mine map(s)."Highway"means a road that has four lanes of travel or less and is not designated as an Interstate Highway. The only exception to the above method of giving notice is if another means of notice is approved in advance by the Director, Division of Energy, Mineral, and Land Resources. A copy of a tax map(or other alternative acceptable to the Department)must be mailed with the completed"Notice"form(the proposed overall permit boundaries and the names and locations of all owners of record of lands adjoining said boundaries must be clearly denoted on the tax map). The"Affidavit of Notification"attached to this application must be completed,notarized and submitted to the Department,with the remainder of the completed application form before the application will be considered complete. NOTES: THIS SECTION MUST BE COMPLETED FOR ALL APPLICATIONS FOR NEW MINING PERMITS AND ALL MODIFICATIONS OF A MINING PERMIT TO ADD LAND TO THE PERMITTED AREA,AS REQUIRED BY NCGS 74-50(b1). SEE THE NEXT TWO PAGES FOR THE"NOTICE"FORM AND THE"AFFIDAVIT OF NOTIFICATION" Revised September 21, 2021 P a g e 116 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, InC has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources, North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.5 (Mineral, Ore) (Number) (Number) miles northeast of Castle Hayne off/near road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. CASTLE HAYNE DEVELOPMENT INC Martin Marietta Materials, Inc. 5700 LAKE WRIGHT DR SUITE 300,NORFOLK.VA 23502 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 P a g e 117 B P4n:eIN Owner MRIII Addr- 1 MS 18 0000 BATE LAND&TIMBER LLC PO BOX 1969,SHALLOTTE NC 2MS9 2 32S3 247-= NCCOASTALIANDTRUST 131 RACINE DRIVE,STE 10,WILMINGTON,NC 28FI03 I II \\ \ \ y l 3 ROOGGDODl-G02.ODB OCCIDENTALCHEMICAIS CORP POBOX 2)5]OHOUSTON TXT)22] 4 ROD600001-00]-000 CASTLE RAYNE DEVELOPMENT INC 5]f1DlAKE WRIGHT DR SUITE 300 NORFOL VA23502 5 ROOEO60014XG-000 CASTLEHAVNEDEVELOPMENTINC SnIDLAKEWRIGNTDRSUITE NORPOLKVA23S02 6 R00600001-003.O0D CEMEXINC POBOX2883,WESTPALMBEACH,FL33402 II \\ \ �/ \ ____ 8 M58]5.9130FODW IgAGLOBALRE50URCESLLC P.O.BOX 3313,FORT LEE,NJ W014 II \ \ \\��� 9 326313602B0000 USA GLOBAL RESOURCES LEE P.O.BOX 3313,FORT LEE,NJ OM24 10 MU-2&fl IPOODO USA GLOBAL RESOURCES LLC P.O.BOX 3313,FORT LEE,NJ OM24 11 3262-0&99]J-000II OAVI0 LSTEPP 134 HUNTERS-,ROCKY POINT,NC 2M57 12 n62-0B8962-0000 ALIANANTES 1W HUNTER COURT,ROCKY POINT,NC2M57 13 3262-0&)911-0000 MICHAELA.IONES ]]8 CASTLE BAY DR,HAMPSTEAD,NC 2M43 14 3262-0B588]-0000 MICHAELA.IONES ]]B CASTLE BAY DR,HAMPSTEAD,NC 2M43 \ / 15 3262-0B48B3-0000 THOMAS ALAN BRABENEC SOB GREENW00D-,FOREST CTry NC28043 16 3262-97 -GOOD THOHIGH GROUNDS UNDSENUMLAN EC 308 GREEN WOOD-,HAMPSTEAD, Cl2-28013 \ 17 3252-9)-69M-GOOD HIGH GROUNDS DNURSFRY IIC 200 CIRCLE DR,HAMPSTEAD,NC 28M3 18 3252$)-S1 GEO iM PTNRLLC 100CAROUNA PLANTATIONS BLVD,JACXSONVILLF,NC 28546 19 325248609]B000D HIGH GROUN DS DN UESERY LEE 2M CIRCLE DR,HAMPSTEAD,NC 2M43 20 MU-2 50XImM MH ISLAND LLC ETAL 6 CGORDON ROAD WILMINGTON NC 2M11 / 21 RO120D01024D1.00D SIDBURYLAND&TIMBER IIC P.O.BOX 3649,WILMINGTON,NC 2840E 22 R00]00001-1101.000 POOCH ENTERPRISES LLC 109 VISTA UN,HAMPSTEAD,NC 28443 � 23 RWI0D001-002-000 1&Z RENTAL COMPANY LLC IN FIELDCREST DR,HAMPSTEAD,N C 28M43 -L--��/ \\ I 24 R00%00001-OD3-000 PUCELIA INVESTMENTS LLC 680t HOLLY SHELTER RD,CASTLE HAME,NC MN 25 ROGRDGP I XN-000 PUCELLA INVESTMENTS LEE 6BO4 HOLLYSHELTER RD CASTLE RAYNE,PIC2M29 - 26 R01200002-0O1-0M NC STATE OF 3B]OCASTLE HAYN E RD,CASTLE HAVRE,NC 2M29 2) 11012004)024k1D000 SIDBURY LAN D&TIMBER LEE P.O.BOX 3649,WILMINGTON,NC 284U6 28 R0120 6 0 02-001-0 0 0 SIDBURY IAND&TIMBER LEE P.O.BOX 3M9,WILMINMON,NC 2840E // \\ —T5 \\ / SIDBUR ULC 29 R0120DGOL00&000 CAROLIYLANO&TIMBER LIGHT C 550 P.O. ONM S,ST-2I CHARLOTTE, TTE,NC / \ \ ' , - EP T CAPE FEAR RI�R y B NC 30 R01 002-0OI-003 SOUTHER POWERENTCOMPANY INC WC5VVIINGVMFIG-25LITE 301TENC2ETT \ 31 R0120 6 0 02-0OS000 SOUTHERN EQUIPMENT COMPANYI ID15 WINDWARD PIZ SUITE 300,AlPHARETTA,GA 30005 // \ \ M R01206002-006000 FISHERHOLDINGSLLCETAL 1EXEMARRETST,WILMINGTON,NC 28401 C 33 RO12(10W2-0OI-001 FSC II LLC RII CORPORATE CENIERD SUTTI:101 RALEIGH NC2]fi0] �\ \ NORTH S ♦� / M RO1206002-0DZ-000 ELEMENTIS CHROMIUM ACQUISITION ""ATE 29 / I M RO110D00&011-0OS CAMERON COMPANYTIMBER LLC P.O.BOX3M9,WILMINGTON,NC 36 R011004X1&025000 TWOTEN INVESTORS INC P.O.BOX 1108,tl1NTON,NC28329 3] 110110600&024-000 OLDCASUEAPGSOUIH INC 333GREENESTN SUDES001 GREENSBORO,NC274M 38 RO330DOCQF011-100 MARTIN MARIETTA AGGREGATES POBOXB:WOFORTWAYNE,IN WE18 39 R011GDOC&011-0OS CAMERON COMPANY TIMBER LLC P.O.BOX3 9,WILMINGTON,NC28W6 40 R01100-0�-03= INHABITLLC )3)ARBORETUMDRMRLMINGTON,NC2W5 41 RO110 6 0 08 015.000 BROWN FOX LLC 1.EDGEHILL RD WILMINGTON NC 28403 / I \ / d2 R0130DOW-0O5— KAREN ROUSE P.O.BOX 59],CASTIE HAYNE,NC 2M29 43 110110DOW-0 EDD BRUCE R.ROUSE P.O.BOX 597,CASTLE HAYNIE,NC NNUS \\ sx¢Ts I /// \ ♦�• �' �~ �/ \ // 40 RO130DOW-0O2-000 SHOULDER BRANCH OF THE MISSIONARY BAPTIST P.O.BOX III CASTLE HAYNE,NC 2M29 /S RO130600)-004-000 SMITH DEAMES HEIRS UAL 540982NDSTAPEWM,LAKEWOOD,1,A98499 M RO111S001-014000 NEWMAN PAGE INVESTMENTS LLC 5704 N IXON LN,CASTLE RAYNE,NC 2M29 \ f --�- 47 RO131SOD1-011-001 ROOSEVELTNIXON 14BUNDEN BLVOAPTIH,BROOKLYN,NV11212 \ J 48 RO1111-001-0OS-000 SIDBERRYWIIIIEJ UAL 5813 NIXON UN,CASTE HAYNE NC 2M29 NORTHEAST CAPE FEAR RIVER 49 ROI1000C8-011-000 MARTIN MARIETTA AGGREGATE P080X 8fNOFORT WAYN IN 4689E \ �/ 9 SO RW500003-002-000 OCCIOENTALCHEMICALSOORP PO BOX 2)STI HOUSTON,TX]122] \ � 6 \V/ ROUDD-001-002-ODS IDRILC 6390L0 U552,MOUNTAIRY,NC2A. \ \ 2 V55RK-001,00— RILEYA.SHAW P.0.00X3108N NTON,NC28329R01200001-005-000 FIONA.SHAW POBO X1308,CUNTON,NC2029R0-001-0I12-002 RILEYA.SHAVV P.O.BOX1308CUNTON,NC28329 IDRLLC 16BOLD US 52,MOUNT AIRY,NC 271130 sx 1 _ �1 E ♦♦�♦♦ PIT A 10 17 I �Y � I y ,�,e,m Rw,ore,`1 � .a 1 �♦ I � IBv i� 50 not i11 '�"9 1 ♦� 21 20 91EET R iw,rP, (LT 52 55 r, 1 y 54 � 53 4 27 26 r 49 28 (�IL�TL�JI'I�I,T-yQ-JT�� 35 / 30 32 31 29 I 1 , r�oaorn e* coo,„cwprp ry 1 , �� cxuvnnon raFn1 � 33 ♦ I 3 y 34 LEGEND � ♦M I�� ♦ ' � ."`ty�-y Paaut Boaadary 138 n4 /`:�= 39 y Propany Lines Mew xanpyar eN) -. r\y\ TapPg<aPnm cpamm 45 "I38 4] 48 � \ Plaodplaia Boaa (100 year) 40 Pit Limir 41 Pumrc Plr Llmlrs � 1 /' yam/ 1\ eam<r-uaaianab<e � I j � `\ SCALE 1" = 1000' Barr r-uaexaa..rea ACREAGE TOER (N.Mi.ig-,l ® CATEGORY LIFE OFEC OVER 0 500 1000 2000 3000 INo MloVng Activlry Allowed) Tailings/Sediment Ponds 54 Berm ----- Stockpiles 90 ar0 be built baed a avarba :pplyJ \`� O� Wostepilee(Berms) 0 v Wan \N I Pressing Area/Haul Roads Martin T.H 106 oc I/II�I/I� Tailings/SedimrnlPonds `,\ �y 1 Mine Excovatio 714 9 Marietta BrOckpiles 1 '$ / Unexcavated Buffer 33 Pmcevrg Area/Haal Roads V TOTAL AREA TO BE DISTURBED 99T 6 Wetlands / 6Y TOTAL PERMITTED ACREAGE 2299 BT: MINE MAP — ENTIRE SITE wnlaaaa-Taolama --_ -- /.- By Sedi—Tap Notes:s 9rmea11re I.U..s h be een ill in eeeprdenee wim ed I-tc" dote,ena Castle �CIyY12 QUCII"I"y CLlvert federal regulations These buffers will not be used for mining octiNly unless By app.g p IK a subsequent mine permit modification. Divereion DimM1 �� �� 2. P2023.apFic contours and portal lines from NC OneMap Downlooded June 14, BT zaz3.vermdpns m ceanty/poreel roes exist between New Henpaer caanty pna N e W Hanover C O U Yl t y` NC Pander county dote sets. By Namal Warr Feanue 3. No wetlantls to be disturbed wilM1out proper permits from the US Army Corps of 0 BY: 11 LJ Engineers,NC LED Division of Water Resources,antl motllfication of Ibe m QUARRY: COSt1e IQ ne irp REMSION Permit. DATE _N Aalaaem Parcel Map lD o \ 02023 BY MARTIN MARIETTA MATERIALS,INC. ALL RIGHTS FINE NAME: COSt�e.HOyne.Mine.Mq(J B PNP JU LY 2023 Permit 65-01 RESERVED. UNAUTHORIZED DUPLICATION IS PROHIBITED. eT. ir` 1000' 0Nl NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. NC COASTAL LAND TRUST 131 RACINE DRIVE,STE 10,WILMINGTON,NC 28403 Martin Marietta Materials, Inc. Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. USA GLOBAL RESOURCES LLC Martin Marietta Materials, Inc. P.O.BOX 3313,FORT LEE,NJ 07024 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. DAVID L.STEPP 134 HUNTERS CT,ROCKY POINT,NC 28457 Martin Marietta Materials, Inc. Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. ALLAN ANTES Martin Marietta Materials, Inc. 136 HUNTER COURT,ROCKY POINT,NC 28457 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. A NES 778 Martin Marietta Materials, Inc. 778 CASTLESTLE BAY DR,HAMPSTEAD,NC 28443 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. THOMAS ALAN BRABENEC Martin Marietta Materials, Inc. 108 GREENWOOD CT,FOREST CITY,NC 28043 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. HIGH GROUNDS DNURSERY LLC Martin Marietta Materials, Inc. 204 CIRCLE DR,HAMPSTEAD,NC 28443 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. IC3 PTNR LLC 100 CAROLINA PLANTATIONS BLVD,JACKSONVILLE,NC 28546 Martin Marietta Materials, Inc. Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. MH ISLAND LLC ET AL 6626-C GORDON ROAD,WILMINGTON,NC 28411 Martin Marietta Materials, Inc. Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. SIDBURY LAND&TIMBER LLC Martin Marietta Materials, Inc. P.O.BOX 3649,WILMINGTON,NC 28406 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 NOTICE Pursuant to provisions G.S.74-50(bl)of The Mining Act of 1971, Notice is hereby given that Martin Marietta Materials, Inc has applied on 07/21/2023 to the Division of Energy, (Applicant Name) (Date) Mineral,and Land Resources,North Carolina Department of Environmental Quality, 1612 Mail Service Center, Raleigh, North Carolina 27699-1612,for(check one): a new surface mining permit, ❑X a modification of an existing surface mining permit to add land to the permitted area;or a modification of an existing surface mining permit to add land to the permitted area with no disturbance in the area proposed. Please note that future modification(s)may be submitted by the applicant to allow disturbance within this area without re-notification of adjoining landowners. The applicant proposes to mine marine limestone on 2,299.00 acres located 4.50 (Mineral,Ore) (Number) (Number) miles northeast of Castle Hayne offlnear road Holly Shelter Road (Direction) (Nearest town) (Number, Name) in New Hanover County. *SEE ATTACHED MAP FOR PROPOSED PERMIT BOUNDARIES AND CORRESPONDING ADJOINING LANDOWNER NAMES AND LOCATIONS* In accordance with G.S.74-50(bl),the mine operator is required to make a reasonable effort,satisfactory to the Department,to notify all owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary;if an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts must be notified(that are within 1,000 feet of the mining permit boundary).In addition,the mine operator must also notify the chief administrative officer of the county or municipality in which any part of the permitted area is located. Any person may file written comment(s)to the Department at the above address within thirty(30)days of the issuance of this Notice or the filing of the application for a permit,whichever is later. Should the Department determine that a significant public interest exists relative to G.S.74-51,a public hearing will be held within 60 days of the end of the 30-day comment period specified above. A copy of the permit application materials is on file and available for public review during normal business hours at the above listed address as well as at the appropriate regional office.For information regarding the specifics of the proposed mining activity,please contact the applicant at the following telephone number: (919)783-4505 For information on the mining permit application review process,please contact the Mining Program staff at(919)707-9220. Please note that the Department will consider any relevant written comments/documentation within the provisions of the Mining Act of 1971 throughout the application review process until a final decision is made on the application. Chris Coudriet,County Manager Martin Marietta Materials, Inc. 230 Government Center Drive,Wilmington,NC 28403 Addressee/Owner of Record's Name and Address Name of Applicant.Include Contact Person&Company Name,if Applicable 07/21/2023 P.O. Box 30013, Raleigh, NC 27622 Date of Issuance of this Notice/Mailed to Addressee/Owner of Record Address of Applicant Revised September 21, 2021 1 17 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 AFFIDAVIT OF NOTIFICATION Ronald M. Kopplin ,an applicant,or an agent,or employee of an applicant,for a new Mining Permit,or a modification of an existing Mining Permit to add land to the permitted area,from the N.C. Department of Environmental Quality,being first duly sworn,do hereby attest that the following are all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and that notice of the pending application has been caused to be mailed,by certified or registered mail, return receipt requested,to said owners of record at their addresses shown below,such notice being given on a form provided by the Department: Adjoining Landowner Name Address See Attached List Attach additional list if necessary. I do also attest that the following individual is the chief administrative officer of the county or municipality in which any part of the permitted area is located and that notice of the pending application has been caused to be mailed, by certified or registered mail, return receipt requested,to said office at the following address: Chris Coudriet, County Manager 230 Government Center Drive, Wilmington, NC 28403 Chief Administrative Officer Name Address (i.e.:City Manager,County Manager, Mayor,etc.) The above attestation was made by me while under oath to provide proof satisfactory to the Department that a reasonable effort has been made to notify all known owners of record,both public and private,of all tracts of land that are adjoining the mining permit boundary(including,where an adjoining tract is owned or leased by the applicant or is owned by the lessor of the mine tract,all owners of record of tracts adjoining these tracts,that are within 1,000 feet of the mining permit boundary)and the chief administrative officer of the county or municipality in which any part of the permitted area is located in compliance with N.C.G.S. 74-50(b1)a 5A NCAC 5B.0004(d). I understand that it is the responsibility of the applicant to retain the receipts of mailing showing t e abo tice re cause o be mailed and to provide them to the Department upon request. �� I`312o23 Signature of Applicant or Agent Date elaGG gG9190®19i➢JIOp If person executing Affidavit is an agent or employee of an applicant, provide the following information: Name of Applicant Ronald M. Kopplin �o, p Title of person executing Affidavit President, East Division r Lio I, � 64v IictuS y� Y - n a Notary Public of the Count of State of North Carolina,do hereby certify that njwb n appeared befor F elt ise"" day and under oath acknowledged that the above Affidavit was made by him/her. Witness my h nd and notarial seal,this 13 day of -icA-i 2023 . Notary: y G+-� My commission expires: I-11- Z� Revised September 21, 2021 Page 18 NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral, and Land Resources (919)707-9220 ADDITIONAL AFFIDAVIT OF NOTIFICATION Adjoining Landowner Name Address CASTLE HAYNE DEVELOPMENT INC 5700 LAKE WRIGHT DR SUITE 300, NORFOLK,VA 23502 NC COASTAL LAND TRUST 131 RACINE DRIVE, STE 10, WILMINGTON, NC 28403 USA GLOBAL RESOURCES LLC P.O. BOX 3313, FORT LEE, NJ 07024 DAVID L. STEPP 134 HUNTERS CT, ROCKY POINT, NC 28457 ALLAN ANTES 136 HUNTER COURT, ROCKY POINT, NC 28457 MICHAEL A. JONES 778 CASTLE BAY DR, HAMPSTEAD, NC 28443 THOMAS ALAN BRABENEC 108 GREENWOOD CT, FOREST CITY, NC 28043 HIGH GROUNDS DNURSERY LLC 204 CIRCLE DR, HAMPSTEAD, NC 28443 IC3 PTNR LLC 100 CAROLINA PLANTATIONS BLVD,JACKSONVILLE,NC 28546 MH ISLAND LLC ET AL 6626-C GORDON ROAD, WILMINGTON, INC 28411 SIDBURY LAND & TIMBER LLC P.O. BOX 3649, WILMINGTON, NC 28406 Revised September 21, 2021 P a g 6 1 Additional Landowners NORTH CAROLINA MINING State of North Carolina 1612 Mail Service Center PERMIT APPLICATION Department of Environmental Quality Raleigh, NC 27699-1612 Division of Energy, Mineral,and Land Resources (919)707-9220 G.LAND ENTRY AGREEMENT We hereby grant to the Department or its appointed representatives the right of entry and travel upon our lands or operation during regular business hours for the purpose of making necessary field inspections or investigations as may be reasonably required in the administration of the Mining Act of 1971 pursuant to G.S.74-56. We further grant to the Department or its appointed representatives the right to make whatever entries on the land as may be reasonably necessary and to take whatever actions as may be reasonably necessary in order to carry out reclamation which the operator has failed to complete in the event a bond forfeiture is ordered pursuant to G.S.74-59. LANDOWNER: APPLICANT: Signature &7 �� �J Signature* "t4V A. Print Name Donald Ingrassano Print Name Ronald M. Kopplin Title(if applicable) Sr.VP Sales,Cement&Aggregates Title President, East Division Company(if applicable) Roanoke Cement Company,LLC Company Martin Marietta Materials, Inc. Address 6071 Catawba Road Mine Name Castle Hayne Quarry Troutville,VA 24175 Telephone 919 510-4777 Telephone 540-765-3200 Date Signed 1�(3) 7-0,Z� Date Signed July 11,2023 *Signature must be the same as the individual who signed Page 1 of this application. One original and five(5)copies of the completed application six(6)copies of all location maps,mine maps and reclamation maps and the appropriate processing fee in the form a check or money order payable to the North Carolina Department of Environmental Quality must be sent to the Raleigh Central Office at the address listed on the front cover of this application form. Inquiries regarding the status of the review of this application should be directed to the Mining Program staff at(919)707-9220. Revised September 21, 2021 Page 119 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-00459 County:New Hanover U.S.G.S.Quad:NC-Scotts Hill NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Martin Marietta Thomas Brown Address: 2235 Gateway Access Point,Suite 400 Raleigh,NC 27607 E-mail: Thomas.Brown(amartinmarietta.com Size(acres) 97 Nearest Town Hampstead Nearest Waterway Island Creek River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.3721 Longitude:-77.8172 Location description: The project area is approximately located at 5635 Holly Shelter Road lust east of the existing mine site in Castle Hayne. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403). The waters have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/17/2023.Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).However,since the waters have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters on your project area/property delineated.As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑The waters on your project area/property have been delineated and the delineation has been verified by the Corps.The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.We strongly suggest you have this delineation surveyed. Upon completion,this survey should be reviewed and verified by the Corps. Once verified,this survey SAW-2023-00459 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which,provided there is no change in the law or our published regulations,may be relied upon for a period not to exceed five years. ❑The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(LAMA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Brad Shaver at(910)251-4611 or brad.e.shaver(&usace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 3/20/2023 as well as the attached Rapanos JD form covering the isolated wetlands. D. Remarks: This determination was made after afield visit on 311512023. This determination has wetlands covered by the PJD and isolated wetlands identified under the AJD. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr.Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW,Floor M9 Atlanta,Georgia 30303-8803 AND PHILIP.A.SHANNINgUSACE.ARMY.MIL SAW-2023-00459 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by Brad Shaver Brad Shaver Date:2023.03.20 08:51:26 -04'00' Corps Regulatory Official: Date of AJD:3/20/2023 Expiration of AJD:3/20/2028 Date of PJD:3/20/2023 Expiration Date of PJD:Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete our Customer Satisfaction Survey, located online at https://re ug latory.ops.usace.anny.mil/customer-service-survey/. Copy Fumished(electronic): Martin Marietta attn:Ronald Kopplin Wetland E Wetland G 1.0 Acre Wetland F, 0.12 Acre Split by road intersection 20.65 Acres Ditch beside road connects wetlands to downstream waters off site T � i r•�� Isolated Wetland A Isolated Wetland C + �'~ � 0.005 acre • '. 0.12 acre t ��, Isolated Wetland B 0.08 acre Legend Name �, MCIf"t�11 � AJD 61 acre /� Marietta PJD 36 acre Castle Hayne Quarry Secondary Property Wetlands JD Map Isolated Wetlands 3/17/2023 N Drawn by:TLB Locations are Approximate 70 235 0 470 Fee For Permitting Purposes Only ource. E-sri,Di.gitalGlobe,GeoE e, Earthstar Geographies,CrNE / irb s D , USDA,USES,AeroGRID, IGN,and the GIS User Communit NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Martin Marietta,Thomas Brown File Number: SAW-2023-00459 Date: 3/20/2023 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑X APPROVED JURISDICTIONAL DETERMINATION D 0 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.g.M.mil/Missions/CivilWorks/Re ugulatoryProgramandPennits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT:You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division MR.PHILIP A. SHANNIN Attn: Brad Shaver ADMINISTRATIVE APPEAL REVIEW OFFICER Wilmington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9 69 Darlington Avenue ATLANTA,GEORGIA 30303-8803 Wilmington,North Carolina 28403 PHONE: (404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNINgUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation,and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Brad Shaver,69 Darlington Avenue,Wilmington,North Carolina 28403 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 1OM15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S.Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION(JD):3/6/2023 B. DISTRICT OFFICE,FILE NAME,AND NUMBER:Wilmington,Martin Marietta Castle Hayne,SAW-2023-00459 C. PROJECT LOCATION AND BACKGROUND INFORMATION: State:NC County/parish/borough:New Hanover City:Castle Hayne Center coordinates of site(lat/long in degree decimal format): Lat.34.3721'1,Long.-77.8172°�. Universal Transverse Mercator: Name of nearest waterbody:Island Creek Name of nearest Traditional Navigable Water(TNW)into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code(HUC):03030007 ' Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites(e.g.,offsite mitigation sites,disposal sites,etc...)are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ' Office(Desk)Determination. Date:3/6/2023 Field Determination. Date(s):2/10/2023 by applicant SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There M "navigable waters of the U.S."within Rivers and Harbors Act(RHA)jurisdiction(as defined by 33 CFR part 329)in the review area.[Required] F1 Waters subject to the ebb and flow of the tide. ❑ Waters are presently used,or have been used in the past,or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There_"waters of the U.S."within Clean Water Act(CWA)jurisdiction(as defined by 33 CFR part 328)in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S.in review area(check all that apply): ❑ TNWs,including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters'(RPWs)that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated(interstate or intrastate)waters,including isolated wetlands b. Identify(estimate)size of waters of the U.S.in the review area: Non-wetland waters: linear feet: width(ft)and/or acres. Wetlands: acres. c.Limits(boundaries)of jurisdiction based on:- Elevation of established OHWM(if known): 2. Non-regulated waters/wetlands(check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:Four Basin Wetlands with no hydrologic connection to downstream waters,0.245 acres. Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form,an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least"seasonally" (e.g.,typically 3 months). s Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,complete Section III.A.1 and Section III.D.1.only;if the aquatic resource is a wetland adjacent to a TNW,complete Sections III.A.1 and 2 and Section III.D.1.;otherwise,see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is"adjacent': B. CHARACTERISTICS OF TRIBUTARY(THAT IS NOT A TNW)AND ITS ADJACENT WETLANDS(IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands,if any,and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are"relatively permanent waters"(RPWs),i.e.tributaries that typically flow year-round or have continuous flow at least seasonally(e.g.,typically 3 months).A wetland that directly abuts an RPW is also jurisdictional.If the aquatic resource is not a TNW,but has year-round (perennial)flow,skip to Section III.D.2.If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation.Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial(and its adjacent wetlands if any)and a traditional navigable water,even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW,or a wetland directly abutting an RPW,a JD will require additional data to determine if the waterbody has a significant nexus with a TNW.If the tributary has adjacent wetlands,the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands.This significant nexus evaluation that combines,for analytical purposes,the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary,or its adjacent wetlands,or both.If the JD covers a tributary with adjacent wetlands,complete Section III.B.1 for the tributary,Section III.B.2 for any onsite wetlands,and Section III.B.3 for all wetlands adjacent to that tributary,both onsite and offsite.The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Drainage area: Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑Tributary flows directly into TNW. ❑Tributary flows through�tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial(straight)miles from TNW. Project waters are Pick List aerial(straight)miles from RPW. Project waters cross or serve as state boundaries.Explain: Identify flow route to TNW5: Tributary stream order,if known: 'Note that the Instructional Guidebook contains additional information regarding swales,ditches,washes,and erosional features generally and in the and West. s Flow route can be described by identifying,e.g.,tributary a,which flows through the review area,to flow into tributary b,which then flows into TNW. (b) General Tributary Characteristics(check all that apply): Tributary is: ❑Natural ❑Artificial(man-made). Explain: ❑Manipulated (man-altered). Explain: Tributary properties with respect to top of bank(estimate): Average width: feet Average depth: feet Average side slopes:Pown. Primary tributary substrate composition(check all that apply): ❑Silts ❑Sands ❑Concrete ❑Cobbles ❑Gravel ❑Muck ❑Bedrock ❑Vegetation. Type/%cover: ❑Other.Explain: Tributary condition/stability[e.g.,highly eroding,sloughing banks]. Explain: Presence of run/riffle/ op of complexes. Explain: Tributary geometry: Tributary gradient(approximate average slope): % (c) Flow: Tributary provides for:Pick List Estimate average number of flow events in review area/year:Eck List Describe flow regime: Other information on duration and volume: Surface flow is:-. Characteristics: Subsurface flow:-. Explain findings: ❑Dye(or other)test performed: Tributary has(check all that apply): ❑Bed and banks ❑OHWM'(check all indicators that apply): ❑ clear,natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down,bent,or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other(list): ❑Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction(check all that apply): High Tide Line indicated by: N Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑survey to available datum; ❑ fine shell or debris deposits(foreshore) ❑physical markings; ❑ physical markings/characteristics ❑vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other(list): (iii) Chemical Characteristics: Characterize tributary(e.g.,water color is clear,discolored,oily film;water quality;general watershed characteristics,etc.). Explain: Identify specific pollutants,if known: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction(e.g.,where the stream temporarily flows underground,or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime(e.g.,flow over a rock outcrop or through a culvert),the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports(check all that apply): ❑ Riparian corridor. Characteristics(type,average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑Federally Listed species. Explain findings: ❑Fish/spawn areas.Explain findings: ❑Other environmentally-sensitive species. Explain findings: ❑Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries.Explain: (b) General Flow Relationship with Non-TNW: Flow is:bliLk Lisi.Explain: Surface flow is:- Characteristics: Subsurface flow:-. Explain findings: ❑Dye(or other)test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑Directly abutting ❑Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity(Relationship)to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial(straight)miles from TNW. Flow is from:Pick List. Estimate approximate location of wetland as within the�ick LE floodplain. (ii) Chemical Characteristics: Characterize wetland system(e.g.,water color is clear,brown,oil film on surface;water quality;general watershed characteristics;etc.). Explain: Identify specific pollutants,if known: (iii)Biological Characteristics. Wetland supports(check all that apply): ❑ Riparian buffer. Characteristics(type,average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑Federally Listed species. Explain findings: ❑Fish/spawn areas.Explain findings: ❑Other environmentally-sensitive species. Explain findings: ❑Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary(if any) All wetland(s)being considered in the cumulative analysis:Pick List Approximately( )acres in total are being considered in the cumulative analysis. For each wetland,specify the following: Directly abuts?(Y/N) Size(in acres) Directly abuts?(Y/N) Size(in acres) Summarize overall biological,chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical,physical,and biological integrity of a TNW. For each of the following situations,a significant nexus exists if the tributary,in combination with all of its adjacent wetlands,has more than a speculative or insubstantial effect on the chemical,physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include,but are not limited to the volume,duration,and frequency of the flow of water in the tributary and its proximity to a TNW,and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance(e.g.between a tributary and its adjacent wetland or between a tributary and the TNW).Similarly,the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW,as identified in the Rapanos Guidance and discussed in the Instructional Guidebook.Factors to consider include,for example: • Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to carry pollutants or flood waters to TNWs,or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary,in combination with its adjacent wetlands(if any),provide habitat and lifecycle support functions for fish and other species,such as feeding,nesting,spawning,or rearing young for species that are present in the TNW? • Does the tributary,in combination with its adjacent wetlands(if any),have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary,in combination with its adjacent wetlands(if any),have other relationships to the physical,chemical,or biological integrity of the TNW? Note:the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary itself,then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands,where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW.Explain findings of presence or absence of significant nexus below,based on the tributary in combination with all of its adjacent wetlands,then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS.THE SUBJECT WATERS/WETLANDS ARE(CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 0 TNWs: linear feet width(ft),Or, acres. ❑Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional.Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow"seasonally"(e.g.,typically three months each year)are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area(check all that apply): 0 Tributary waters: linear feet width(ft). ❑ Other non-wetland waters: acres. Identify type(s)of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW,but flows directly or indirectly into a TNW,and it has a significant nexus with a TNW is jurisdictional.Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area(check all that apply): Tributary waters: linear feet width(ft). Other non-wetland waters: acres. Identify type(s)of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2,above.Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow"seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2,above.Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW,but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisidictional.Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters,and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands,have a significant nexus with a TNW are jurisdictional.Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule,the impoundment of a jurisdictional tributary remains jurisdictional. 3 Demonstrate that impoundment was created from"waters of the U.S.,"or ❑ Demonstrate that water meets the criteria for one of the categories presented above(1-6),or ❑ Demonstrate that water is isolated with a nexus to commerce(see E below). E. ISOLATED[INTERSTATE OR INTRA-STATE]WATERS,INCLUDING ISOLATED WETLANDS,THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,INCLUDING ANY SUCH WATERS(CHECK ALL THAT APPLY):to V which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: 'See Footnote#3. 'To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook. '"Prior to asserting or declining CWA jurisdiction based solely on this category,Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area(check all that apply): Tributary waters: linear feet width(ft). Other non-wetland waters: acres. Identify type(s)of waters: ❑ Wetlands: acres. F. NON-JURISDICTIONAL WATERS,INCLUDING WETLANDS(CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area,these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate(or foreign)commerce. ❑ Prior to the Jan 2001 Supreme Court decision in"SWANCC,"the review area would have been regulated based solely on the "Migratory Bird Rule"(MBR). Waters do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction. Explain:Wetlands are completely surrounded by high ground with no evidence of flow to downstream waters. Other:(explain,if not covered above): Provide acreage estimates for non jurisdictional waters in the review area,where the sole potential basis of jurisdiction is the MBR factors(i.e.,presence of migratory birds,presence of endangered species,use of water for irrigated agriculture),using best professional udgment(check all that apply): Non-wetland waters(i.e.,rivers,streams): linear feet width(ft). ❑ Lakes/ponds: acres. ❑ Other non-wetland waters: acres.List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the"Significant Nexus"standard,where such a finding is required for jurisdiction(check all that apply): Non-wetland waters(i.e.,rivers,streams): linear feet, width(ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands:0.12 acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD(check all that apply-checked items shall be included in case file and,where checked and requested,appropriately reference sources below): ' Maps,plans,plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters'study: U.S.Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. ® U.S.Geological Survey map(s).Cite scale&quad name: ® USDA Natural Resources Conservation Service Soil Survey.Citation:Web Soil Survey. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs:❑Aerial(Name&Date): or❑Other(Name&Date): Previous determination(s). File no.and date of response letter: Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information(please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD:This AID only covers a portion of the overall site.The rest of the site is being processed through a Preliminary JD with wetland resources present.. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3-20-2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Thomas Brown C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Martin Marietta Castle Hayne, SAW-2023-00459 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC county/parish/borough: New Hanover City: Castle Hayne Center coordinates of site (lat/long in degree decimal format): Lat.: 34.3721 Long.: -77.8172 Universal Transverse Mercator: Name of nearest waterbody: Island Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): 3/15/2023 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource (i.e.,wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource "may be" (acreage and linear waters) subject(i.e., Section feet, if applicable) 404 or Section 10/404) 1 34.3734 -77.8206 1 .0 acre Wetland 404 2 34.3742 -77.8155 20.65 acre Wetland 404 3 34.3735 -77.8197 0. 12 Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Wetland map Dated 3/2/2023 ❑E Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑■ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: ❑■ Natural Resources Conservation Service Soil Survey. Citation: Web SOII Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Brad Shaver le: yBrad Shver a Digitally signed Thomas Brown Date:2023.03.20 077,52:3104'00' Thomas Brown Dace:2023.03.17 14:08:23-04'00' Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. - - _ REFERENCES TOPOGRAPHIC DATA FROM USGS ROCKY POINT, NC; CASTLE HAYNE, NC; MOORETOWN, NC; SCOTTS QUADS DATED 2019. -_ s s — o sr� zm — -- / -- G, - - - - _ 1 - ' I1- - h 0 o y I W a — n _ — C-1, Ha—— a = .1 G e a, PERMIT BOUNDARY - E — _ �W /&Marietta - - a - _ Martin.o Ck � L] ; 4 .. e S USGS Site Location Map _ � ° 00�- _� Castle Hayne Quarry New Hanover County, NC w QUARRY: Castle Ha e ©2023BY MARTIN MARIETTA MATERIALS,INC. ALL RIGHTS RESERVED. UNAUTHORIZED FILE NAME: Castle.Ha e.Mine.Ma gP�.N6IPG JUNE 2023 DUPUCATION Is PROHIBITED. o°aw rn�c I'NY 5000' NQ 1 REFERENCES BACKGROUND IMAGE FROM AUTODESK ROAD V MAP. ACCESSED JUNE 14, 2023 . � htoarc�rnvrl 'A/ i57 { h+larl L ro �x�a PERMIT BOUNDARY rHayne 1 a1 Casa r` fir- iiil Ski ppr I s CcfssQr } ° Marietta XON ° °n COO, w Road Map 6 °5 ` ° Castle Hayne Quarry New Hanover County, NC i .�iRTI� QUARRY: Castle Ha e ©2023BY MAN MARIETTA MATERIALS,INC. ALL RIGHTS RESERVED. UNAUTHORIZED FILE NAME: CasUe.Ha e.Mine.Ma gPGN9LP DUNE 2023 DUPLICATION IS PROHIBITED. �v,roc W 117-- 5000' NQ 2